ISCR Case 15-07595.h1

Case Headnote

ISCR Case No. 15-07595.h1

grantedJun 23, 2017· Hon. Philip S. Howe· hearing

Summary

A 38-year-old defense contractor with a master's degree in electrical engineering was granted a security clearance despite concerns under Guidelines E (Personal Conduct), F (Financial Considerations), and H (Drug Involvement). The applicant's case involved a single instance of marijuana use on July 4, 2011, and a failure to file city income taxes for rental property income from 2012 to 2014.

The allegations included the marijuana use, which occurred while the applicant held a security clearance, and the non-filing of tax forms. Disqualifying conditions were raised regarding drug involvement, financial irresponsibility, and personal conduct. However, the judge applied several mitigating conditions.

The decision to grant clearance was based on the finding that the applicant's one-time marijuana use was over six years prior and had not recurred. He also demonstrated honesty by disclosing the incident on his e-QIP and to an investigator. Furthermore, the applicant resolved his tax issues by filing the necessary returns and paying the owed taxes. The judge concluded that the applicant's past conduct was unlikely to recur, showing a pattern of abstinence and compliance with tax obligations.

Why the Applicant Prevailed

The applicant's one-time marijuana use occurred over six years ago and has not recurred.
He disclosed the marijuana incident on his e-QIP and to the investigator, demonstrating honesty.
The applicant resolved his tax issues by filing the necessary returns and paying owed taxes.

Conditions Referenced

Disqualifying

H.25.araisedSubstance Misuse
H.25.craisedIllegal Possession of a Controlled Substance
H.25.fraisedIllegal Drug Use While Granted Access to Classified Information
F.19.craisedHistory of Not Meeting Financial Obligations
F.19.fraisedFailure to File Income Tax Returns
E.16.draisedCredible Adverse Information
E.16.eraisedPersonal Conduct Creating Vulnerability to Exploitation
E.16.graisedAssociation with Persons Involved in Criminal Activity

Mitigating

H.26.aappliedBehavior Unlikely to Recur
H.26.bappliedAcknowledgment of Drug Involvement and Pattern of Abstinence
F.20.aappliedBehavior Unlikely to Recur
F.20.dappliedGood-faith Effort to Resolve Debts
F.20.gappliedCompliance with Tax Authority Arrangements
E.17.cappliedMinor Offense Unlikely to Recur
E.17.eappliedPositive Steps to Reduce Vulnerability
E.17.gappliedUnwitting Association with Criminal Activity

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedJun 14, 2016
Answer filedJul 7, 2016
Hearing heldMar 15, 2017
Decision dateJun 23, 2017

Cite For

Mitigation of Drug Involvement Under Guideline H
Resolution of Tax Issues Under Guideline F
Consideration of Personal Conduct Under Guideline E

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
3.a	Applicant engaged in inappropriate behavior on July 4, 2011, by accepting a friend’s offer to take a puff on a pipe containing marijuana. This action was also a rule violation by anyone who had a security clearance. This behavior created a vulnerability to exploitation, manipulation, or duress by someone else because it affected Applicant’s personal, professional, and community standing. Lastly, Applicant’s friend possessed marijuana to put it in the pipe and smoked it before offering it to Applicant. Therefore, AG ¶¶ 16 (d), (e), and (g) are established.	For Applicant	Questionable Judgment General	—	Denied	(d) pattern of dishonesty, rule violations, or other untrustworthy behavior (e) personal conduct or concealment creating vulnerability to exploitation (g) association with persons involved in criminal activity	(c) offense is minor, long ago, infrequent, or unique circumstances (e) positive steps to reduce vulnerability to exploitation (g) association was unwitting, has ceased, or casts no doubt	Claimed Other

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

Applicant engaged in inappropriate behavior on July 4, 2011, by accepting a friend’s offer to take a puff on a pipe containing marijuana. This action was also a rule violation by anyone who had a security clearance. This behavior created a vulnerability to exploitation, manipulation, or duress by someone else because it affected Applicant’s personal, professional, and community standing. Lastly, Applicant’s friend possessed marijuana to put it in the pipe and smoked it before offering it to Applicant. Therefore, AG ¶¶ 16 (d), (e), and (g) are established.

For Applicant

Questionable Judgment General

—

Denied

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

(e) personal conduct or concealment creating vulnerability to exploitation

(g) association with persons involved in criminal activity

(c) offense is minor, long ago, infrequent, or unique circumstances

(e) positive steps to reduce vulnerability to exploitation

(g) association was unwitting, has ceased, or casts no doubt

Claimed

Other

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
2.a	failed to file his 2012 to 2014 city income tax forms to pay tax on his rental property income	For Applicant	Tax Filing Failure	Admitted	(c) a history of not meeting financial obligations (f) failure to file / fraudulent filing of tax returns or unpaid tax	(a) behavior happened long ago / infrequent / unlikely to recur (d) good-faith effort to repay or otherwise resolve debts (g) arrangements made with the tax authority; in compliance	Claimed Other

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

2.a

failed to file his 2012 to 2014 city income tax forms to pay tax on his rental property income

For Applicant

Tax Filing Failure

Admitted

(c) a history of not meeting financial obligations

(f) failure to file / fraudulent filing of tax returns or unpaid tax

(a) behavior happened long ago / infrequent / unlikely to recur

(d) good-faith effort to repay or otherwise resolve debts

(g) arrangements made with the tax authority; in compliance

Claimed

Other

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant smoked marijuana one time on July 4, 2011. It was offered to him by a high school friend. He took one puff on a pipe filled with marijuana. He had a security clearance for his job at that time.	For Applicant	MarijuanaWHILE CLEARED	Experimental	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (f) any illegal drug use while holding a clearance or sensitive position	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence	Credited Acknowledgment and Remorse Documented Signed Intent with Revocation Clause Documented Abstinence Period Documented

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

Applicant smoked marijuana one time on July 4, 2011. It was offered to him by a high school friend. He took one puff on a pipe filled with marijuana. He had a security clearance for his job at that time.

For Applicant

MarijuanaWHILE CLEARED

Experimental

Admitted

(a) any substance misuse

(c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia

(f) any illegal drug use while holding a clearance or sensitive position

(a) behavior happened long ago / infrequent / unlikely to recur

(b) acknowledges involvement; evidence of action; established abstinence

Credited

Acknowledgment and Remorse

Documented

Signed Intent with Revocation Clause

Documented

Abstinence Period Documented

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Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision